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S. KAWU, J.S.C. (Delivering the Leading Judgment): On the 23rd day of June, 1988, after hearing submissions of both counsel in this appeal, we allowed the appeal and ordered the acquittal and discharge of the appellant. We then indicated that we would give reasons for our judgment today. I now give my reasons.
The appellant and another person called Uwagwu Kalu were arraigned before Maranzu, J. in the High Court of Imo State holden at Ohafia. They were both charged under Section 319(1) of the Criminal Code Cap. 30 Vol. II, Laws of Eastern Nigeria 1963 applicable in Imo State. The charge alleged that on or about the 8th day of February, 1983, at Asaga, in the Ohafia Judicial Division they murdered one Peter Ume Maduka. They both pleaded not guilty to the charge.
The substance of the case for the prosecution was that the appellant and Uwagwu Kalu (who was the second accused) were among a group of armed men who broke into the dormitory of the Asaga Boys Secondary School, Ohafia, on the nā¦